Lawmakers want quick action on water programs like Super Ditch

STEAMBOAT SPRINGS — Lawmakers are hoping a bill that would expand opportunities for demonstrating projects that share water between farms and cities is implemented as quickly as possible.

Jay Winner

The interim water resources review committee Wednesday heard from the prime backers of SB1248, the Lower Arkansas Valley Water Conservancy District and the Super Ditch, on the need for it.

“I think this is about having a conversation about keeping agriculture vital in the Arkansas River basin,” said Jay Winner, general manager of the Lower Ark District.

“Agricultural-municipal transfers have to become the preferred alternative, rather than continued buy-and-dry,” added Peter Nichols, attorney for both the Lower Ark and Super Ditch.

At the heart of the bill is an attempt to streamline state procedures in order to allow transfers to occur on a short-term, limited basis, said Kevin Rein, deputy director for the Colorado Division of Water Resources.

Winner said the current structure of law and engineering hung up a pilot project to transfer 250 acre-feet (81 million gallons) last year over the timing of delivery of 23 gallons in the 74th month of return flows.

The new law gave the Colorado Water Conservation Board authority to look at programs that could sidestep those types of issues in order to allow water users to work out details of such plans. Rein said the CWCB should develop criteria and guidelines by November.

Legislators want the program to be implemented soon and smoothly.

“My concern is that CWCB is on board to implement it in as timely fashion as possible and that we’re not going back to rehashing arguments made against HB1248 when we were passing it,” said Rep. Randy Fischer, D-Fort Collins, chairman of the House ag committee.

The arguments included that it bypassed water court proceedings meant to prevent injury to other water users. The bill also has been criticized because it disallows transfers only from the Colorado River and Rio Grande basins, while ignoring more exports from the Arkansas River basin.

“I want to make sure there is the opportunity for public input, comments and concerns,” Sen. Gail Schwartz, D-Snowmass, said. “There needs to be the opportunity for the public to weigh in.”